On The Subject System Of Startuping The Civil Retria Procedure

The subject system of the civil retria procedure,as the basic system of the civil retrial procedure,is the key to startup the civil retrial procedure successfully.This system is mainly composed of four parts,the court,the procuratorate,the party,and the outsider.Thus,the subject system of the civil retria procedure has the characteristics of diversification,authority and too restrictive to the party appling the civil retria procedure.The court is against the principle of the free disposition and the trial neutrality principle and inconsistent with the identity of the court,lossing of the stability of the effective judgment;the procuratorate startuping the retrial procedure in the way of protest violate the basic rules of civil litigation in theory,such as inconsistent with the justice value,is not conducive to solve civil disputes and so on.In the judicial practice,it is easy to produce hostility between parties easily,and the divergence understanding the problem between the court and the procuratorate;the court should examinate after the parties filed a retrial petition,so it is uncertain that the success of starting retrial procedure.Especially,there are a lot of limitations in the existing norms,which hinder the realization of the right of relief of the parties.The outersider appling retrial is complicated,difficult to understand and wasting of judicial resources.Under the background of judicial reform,the subject system of civil retrial procedure should be perfected.The mode of court found plus parties decide should be the transitional measures of gradually disqualify the qualifications of the court to apply the retrial.To procuratorate,it can achieve purpose of limiting the retrial right by dealing with each other differently.To the party,the rights to apply for retrial should be affirmed,at the same time,it is also should build a reasonable retrial procedure to startup the retrial.Then,it is propitious to balance the actionable value of justice and efficiency,and developing the value and function of retrial furthest.